please help! DS-230

[RobynSway2709 0]

have a few questions regarding the DS-230 form..

1 - Do you have to give an answer the question.. "What occupation do you intend to work in the United States?" ??

2 - When listing schools i cant put "present" so what date do I put? this month or the month I intend on finishing?

3 - present occupation... is unemployed or student?

Also if I overstayed but not illegally is that ok do they not mind for this kind of visa?..

I overstayed the VWP but left before becoming illegal.... Worried

Thanks

[canadian_wife 1,822]

1. Never leave anything blank, put 'to be determined' if you want

2. Put the date you are currently filling the form

3. I'd put student

How long did you overstay?

Good luck

[RobynSway2709 0]

1. Never leave anything blank, put 'to be determined' if you want

2. Put the date you are currently filling the form

3. I'd put student

How long did you overstay?

Good luck

i overstayed a couple of months but left before i was illegal

[RobynSway2709 0]

1. Never leave anything blank, put 'to be determined' if you want

2. Put the date you are currently filling the form

3. I'd put student

How long did you overstay?

Good luck

it was 25th August 2010 till 20th May 2011

you can stay 180 days illegally without getting bans ... my VWP ran out 23rd Nov.

Edited February 21, 2012 by RobynSway2709

[JohnandWendyB 21]

it was 25th August 2010 till 20th May 2011

you can stay 180 days illegally without getting bans ... my VWP ran out 23rd Nov.

My phone has an app that calculates the number of days in between dates. I am counting 268 days total if my app is correct. I thought the VWP was 90 days total period?

See: http://travel.state.gov/visa/temp/without/without_1990.html#vwp

"The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established to eliminate unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Nationals of VWP countries must meet eligibility requirements to travel without a visa on VWP, and therefore, some travelers from VWP countries are not eligible to use the program. VWP travelers are required to have a valid authorization through the Electronic System for Travel Authorization (ESTA) prior to travel, are screened at the port of entry into the United States, and are enrolled in the Department of Homeland Security’s US-VISIT program."

If someone told you that you could stay without incurring a ban for an additional 180 days, they probably didn't think about applying for a marriage-based visa. You better do some searching because from everything I have read that will be a problem. Although I have also read about people coming over, marrying their fiance, and adjusting status right away and being ok. (That sounds pretty risky though. The more you break immigration laws the less likely I think they would be to overlook.)

Hopefully some more experienced members here can weigh in on this?

[aaron2020 11,651]

it was 25th August 2010 till 20th May 2011

you can stay 180 days illegally without getting bans ... my VWP ran out 23rd Nov.

My phone has an app that calculates the number of days in between dates. I am counting 268 days total if my app is correct. I thought the VWP was 90 days total period?

See: http://travel.state.gov/visa/temp/without/without_1990.html#vwp

"The Visa Waiver Program (VWP) enables nationals of 36 participating countries to travel to the United States for tourism or business (visitor visa purposes only) for stays of 90 days or less without obtaining a visa. The program was established to eliminate unnecessary barriers to travel, stimulating the tourism industry, and permitting the Department of State to focus consular resources in other areas. VWP eligible travelers may apply for a visa, if they prefer to do so. Nationals of VWP countries must meet eligibility requirements to travel without a visa on VWP, and therefore, some travelers from VWP countries are not eligible to use the program. VWP travelers are required to have a valid authorization through the Electronic System for Travel Authorization (ESTA) prior to travel, are screened at the port of entry into the United States, and are enrolled in the Department of Homeland Security’s US-VISIT program."

If someone told you that you could stay without incurring a ban for an additional 180 days, they probably didn't think about applying for a marriage-based visa. You better do some searching because from everything I have read that will be a problem. Although I have also read about people coming over, marrying their fiance, and adjusting status right away and being ok. (That sounds pretty risky though. The more you break immigration laws the less likely I think they would be to overlook.)

Hopefully some more experienced members here can weigh in on this?

Lets clear a few things up.

You entered the US on the VWP which authorize you to stay in the US for up to 90 days. It is illegal for you to overstay. Once you overstayed, you begin to accrue days of "unlawful presence." Because you did not accrue more than 180 days of unlawful presence, you are not subject to a ban when you left. So you overstayed illegally, but you are not subject to a ban. (It hard for me to see how someone can accumulate days of "unlawful presence" without being here illegally.)

Your VWP period ended on Nov. 23, 2010, and you left on May 20, 2010. This means your first day of unlawful presence was Nov. 24, 2010. This means you accumulated 178 days of unlawful presence. 178 days of unlawful presence equal no ban. Another couple of days in the US would have resulted in a 3 years ban.

Your overstay will probably raise a few eyebrows, but it doesn't make you inadmissible. A ban would make you inadmissible. You shouldn't have any real problems with your overstay.

Edited February 22, 2012 by aaron2020

[RobynSway2709 0]

Lets clear a few things up.

You entered the US on the VWP which authorize you to stay in the US for up to 90 days. It is illegal for you to overstay. Once you overstayed, you begin to accrue days of "unlawful presence." Because you did not accrue more than 180 days of unlawful presence, you are not subject to a ban when you left. So you overstayed illegally, but you are not subject to a ban. (It hard for me to see how someone can accumulate days of "unlawful presence" without being here illegally.)

Your VWP period ended on Nov. 23, 2010, and you left on May 20, 2010. This means your first day of unlawful presence was Nov. 24, 2010. This means you accumulated 178 days of unlawful presence. 178 days of unlawful presence equal no ban. Another couple of days in the US would have resulted in a 3 years ban.

Your overstay will probably raise a few eyebrows, but it doesn't make you inadmissible. A ban would make you inadmissible. You shouldn't have any real problems with your overstay.

Thanks, are they likely to question it? Can they turn it down based on that?

[canadian_wife 1,822]

They will certainly question it (they questioned my denial of entry so why wouldn't they question your overstay). But you need to be totally honest, you did not incur a ban so you should be fine .... unless you some how misrepresent(ed) yourself

Good luck